Legal Question in Civil Rights Law in India
In the year 1929, a partition deed was effected between my grandfather and his two younger brothers who settled the properties among themselves amicably..
In the year 1930, my grandfather purchased a house from his younger brother out of the share of his younger brother and the sale deed was duly registered in the sub-registrar�s office.
In the year 1959, my grandfather partitioned the house and gave a portion to my father and the same is registered in the name of my father.
My father has 9 children 5 daughters and four sons. Of the 5 daughters, 4 got married already well before 1989, before the amendment by the Government of Tamil Nadu to Hindu succession act. My father died intestate in the year 1995.
The first question is, though the house belonged to my great grandfather, since it was purchased by my grandfather from his younger brother out of his younger brother�s share, whether the house is ancestral property or absolute property?
The second question is, since my grandfather executed a partition deed and registered the house in my father�s name in the year 1959, whether my father is the absolute owner or still the house is ancestral property ?
who are all the owners of the house after the death of my father who died in the year 1995 ?. In other words, by whom the declaration of title can be claimed after the death of my father ?
what share do the married daughters have got on the father�s property who got married prior to 1989 ?
Can the married daughters who got married prior to the year 1989 claim equal share on the property based on the ordinance of the Central Government introduced in the year 2005 on Hindu Succession Act which gives equal rights to daughters as coparceners ?
Thanks & Regards
Balaji
1 Answer from Attorneys
once the property was partitioned by your grand father and the portion got registered in the name of your father, it becomes a self acquired property of your father as the status of joint family came to an end. your father has the right to bequeath the property to anyone he likes. in case he passes away intestate, all the legal heirs including daughters have an equal right.
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